The Practice of Black Magic as A Criminal Offense According to The Perspective of Sharia and Law

Abstract

Muslim scholars have differed on the reality of black magic (si?r). Sorcery or witchcraft (sihr) is often equated with trickery aimed at conflating falsehood with the rational association of causes and effects. Black magic is difficult to define. Our knowledge of sihr and what is not within reach of our sense perception is also limited. The object of this article is to examine using black magic as a criminal offence. This qualitative study uses the data collection method. The data obtained is analysed using the descriptive method to produce the findings. As part of the findings the article submits that using black magic to cause harm to other person is considered as a crime not only in the Islamic world and civilization but also by other world civilizations as well. In Brunei Darussalam using black magic to commit a criminal offence would be covered by the Brunei Syariah Penal Order 2013. Nevertheless, it is submitted that to prove the use of black magic would be a challenging task for the prosecutors due to its intangible nature of infliction.